Hoffinger Industries' rebuttal.
We want to rebut the statement attributed to Whitney Davis ("Hoffinger Loses First Appeal," Jan. 17 issue, page 16). He stated that "Hoffinger makes excellent warning [labels]. The problem is, they didn't get on the pool."
False. There were warnings all over the pool. The labels for the liner were not affixed by the installer.
Also, expert witnesses for the plaintiff stated that the labels produced at the time were too small and did not describe the consequences of injuries that can occur. Hoffinger Industries totally disagrees.
The liner warning labels were of proper size and content. The same warning systems on the liner manufactured by Hoffinger Industries were later endorsed by the Consumer Product Safety Commission and endorsed by the then-NSPI.
And we would like to emphasize the statement by our company founder and chairman of the board, Martin Hoffinger: "This product was safe for its intended use. There were no defects in the product. It was a case of misuse of the product."
Bottom line: The pool had numerous "no diving" warning signs affixed to it. The homeowner, who was also sued, testified that they warned [the plaintiff] on repeated occasions not to dive.
It is a physical impossibility for a manufacturer to supervise the use of its product.
Rest assured, Hoffinger Industries will continue to lead the fight for civil justice in the tort system and the rights and privileges of the swimming pool industry.
Hoffinger Industries Inc
West Helena, Ark.